What remedy is Crepe De Licious entitled to for any violation of the franchise agreement's terms?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, the parties agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Agreement are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance, and recovery of monetary damages. Any claim, defense, or cause of action that you may have against us, our owners or our affiliates, or against Franchisee, regardless of cause or origin, cannot be used as a defense against our enforcement of this Agreement.
9. Miscellaneous.
- a. If we pursue legal remedies against you because you have breached this Agreement and prevail against you, you agree to pay our reasonable attorneys' fees and costs in doing so.
- b. This Agreement will be governed by, construed, and enforced under the laws of Delaware, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
- c. Each section of this Agreement, including each subsection and portion thereof, is severable. If any section, subsection, or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection, or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms reasonable in scope, duration, and geographic area.
- d. You and we both believe that the covenants in this Agreement are reasonable in terms of scope, duration, and geographic area.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, if a franchisee breaches the agreement, Crepe De Licious has several remedies available. Crepe De Licious can pursue legal remedies, and if they prevail in court, the franchisee is responsible for covering Crepe De Licious's reasonable attorney fees and costs.
Furthermore, the document states that any failure to comply with the terms of the agreement will cause substantial and irreparable damage to Crepe De Licious and/or other Crepe De Licious franchisees. In such cases, Crepe De Licious is entitled to injunctive relief, which means they can seek a court order to stop the franchisee from continuing the violating behavior. Crepe De Licious can apply for this injunctive relief without needing to post a bond, although with due notice.
The remedies available to Crepe De Licious are not exclusive and can be combined with other remedies available under the agreement, at law, or in equity. These include injunctive relief, specific performance (forcing the franchisee to fulfill their obligations), and recovery of monetary damages. The franchisee also waives the right to challenge the terms of the agreement as overly broad, unreasonable, or otherwise unenforceable.